Florida robocall law: what outbound teams must know in 2025

Last updated 2026-07-09

What is Florida's robocall law and how does it differ from federal TCPA?

Florida's main robocall statute is the Florida Telephone Solicitation Act, codified at Florida Statutes sections 501.059 through 501.0599 ^[1]. It runs alongside, not instead of, the federal Telephone Consumer Protection Act at 47 U.S.C. § 227 ^[2]. Call a Florida consumer in violation of both, and you face two separate sets of penalties.

The federal TCPA is enforced by the FCC and through private lawsuits. The FTSA is enforced by the Florida Attorney General and, after a 2021 amendment, by private plaintiffs too. That private right of action drives most FTSA litigation.

The practical difference is big. Federal TCPA applies to calls made with an automatic telephone dialing system (ATDS) as defined by 47 U.S.C. § 227(a)(1), and what counts as an ATDS has been unsettled since the Supreme Court's 2021 ruling in Facebook v. Duguid ^[3]. Florida's statute doesn't use the same ATDS framework. That means it can catch dialing technology that slips past the narrower federal definition.

For a deeper look at the federal layer, see TCPA law.

What does the 2023 FTSA amendment actually change?

The Florida Legislature amended the FTSA with SB 1120, effective July 1, 2023 ^[8]. Before that, some plaintiffs argued the FTSA's automated-dialing language was so broad it covered any business running any dial-assist software. The 2023 bill tightened the definition. It did not kill the private right of action, and it did not soften the consent requirement.

Under the amended statute, a 'telephonic sales call' using an 'automated system for the selection or dialing of telephone numbers' needs prior express written consent from the called party ^[1]. That phrase is still broader than the federal ATDS definition. If your dialer pulls numbers from a list and dials them without a human punching in each digit, you're probably inside it.

The amendment also made clear that a consumer can revoke consent at any time, and the business has to honor it. No grace period. Revocation takes effect the moment it lands.

One more change matters. The amendment said a consumer can sue only for calls or texts to their own number. That cut off a wave of serial-plaintiff suits where professional plaintiffs sued over numbers they didn't actually own or use.

What penalties apply to FTSA violations?

The FTSA authorizes actual damages or $500 per violation, whichever is greater ^[1]. If a court finds the violation was willful or knowing, that jumps to $1,500 per violation.

Each call or text is a separate violation. A campaign that sends 10,000 texts to Florida numbers without proper consent creates exposure of up to $5 million at $500 a message, or $15 million if a court finds willfulness. That math is why FTSA class actions get filed.

The Florida Attorney General can also bring civil actions and seek injunctive relief ^[1]. AG enforcement tends to chase large-scale scam operations, but it isn't limited to them.

Federal TCPA stacks on top. The statute at 47 U.S.C. § 227(b)(3) sets its own $500 per violation floor, $1,500 for willful, and FCC forfeiture orders can climb much higher ^[2]. The FCC's 2024 declaratory ruling on one-to-one consent (effective January 2025, though implementation is contested) was built to close the lead-gen loophole where one consent form named dozens of sellers ^[4].

Here's the short version: a single unconsented robocall campaign into Florida can produce overlapping federal and state liability.

What counts as 'prior express written consent' under Florida law?

The FTSA requires prior express written consent before an automated call or text, and that phrase tracks closely with the FCC's definition in 47 C.F.R. § 64.1200(f)(9) ^[5]. The FCC's rule defines it as 'an agreement, in writing, bearing the signature of the person called that clearly authorizes the seller to deliver or cause to be delivered to the person called advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice.'

In practice, that means:

• The consent must be in writing. A verbal 'yes' on a prior call does not count.
• The consent must name the seller, more than a category of businesses.
• The consumer must be told they don't have to agree as a condition of buying anything.
• You need a clear record: timestamp, IP address, the exact language the consumer agreed to, and the phone number they gave.

Checkbox consent on a web form works if the box is unchecked by default, the language is specific, and you keep the record. Pre-checked boxes fail. Consent buried in a 4,000-word terms-of-service page fails in practice even when it technically exists, because courts ask whether the consent was 'clear and conspicuous.'

Revocation is always the consumer's right. The FCC's October 2024 order affirmed that consumers can revoke by any reasonable means, and businesses must honor it within a reasonable time ^[4].

Does Florida have its own Do Not Call list?

Yes. Florida operates the Florida Do Not Call Program under section 501.059(3)(a) ^[1]. Consumers can register with both the national federal DNC list (run by the FTC under 16 C.F.R. Part 310) and the Florida-specific list ^[6].

The federal National Do Not Call Registry went live in 2003 and covers telephone solicitations nationwide ^[6]. Florida's program adds a second layer. Even if a number somehow missed the federal list, it may sit on the Florida one.

Scrubbing only the federal registry is not enough. You scrub both. Florida's list runs through the state's Division of Consumer Services, and businesses register to access it for scrubbing ^[1].

Exceptions apply to both lists. Calls to existing customers where you have an established business relationship (EBR) are generally exempt, but Florida's EBR window is narrower than people expect. The purchase-based EBR lasts 18 months from the last transaction. An inquiry-based EBR lasts 3 months from the inquiry, mirroring the federal Telemarketing Sales Rule ^[7].

Calls from nonprofits, political campaigns, and survey groups follow different rules. If you run commercial outbound sales, assume full DNC obligations apply to you.

What calling hours does Florida law require?

The FTSA restricts telephonic sales calls to between 8:00 a.m. and 9:00 p.m. in the time zone of the called party ^[1]. That matches the federal TCPA restriction at 47 C.F.R. § 64.1200(c)(1) ^[5].

Florida's time zone split matters. The state spans two zones. Most of Florida is Eastern Time, but the western panhandle (roughly the Pensacola area west of the Apalachicola River) is Central Time. Run a nationwide campaign that defaults to Eastern, and you may be calling panhandle residents an hour early.

Use the area code as a rough proxy. If you have address-level data, use the consumer's actual location time zone. Calling at 7:45 a.m. Eastern into a Central-time number means you reach them at 6:45 a.m., which breaks both the FTSA and the TCPA.

Are text messages covered by Florida's robocall law?

Yes. The FTSA explicitly covers text messages sent using an automated system ^[1]. The 2021 amendments that created the private right of action applied to both calls and texts, and the 2023 SB 1120 amendment kept that coverage.

The FCC has long treated SMS as a 'call' under the TCPA ^[2]. Florida follows the same logic. A text blast to a Florida consumer without prior express written consent is a FTSA violation, same as a prerecorded voice call.

Short code campaigns, 10DLC campaigns, toll-free SMS, even manual one-off texts from a CRM can all fall under FTSA scrutiny if the system selects or dials the number automatically. The test is whether the technology automates selection or dialing. It's not whether a human reviews the message before it goes out.

For SMS-specific rules, the FCC's 2023 registration requirements for 10DLC traffic are the baseline for any team texting into Florida.

How does the FTSA interact with B2B calling into Florida?

This is genuinely unsettled. The FTSA covers 'telephonic sales calls,' which it defines as calls to 'a consumer' to solicit a sale. 'Consumer' in Florida's consumer protection statutes generally means a natural person, not a corporation ^[1].

That suggests B2B calls, where you reach a business entity rather than a person, may fall outside the FTSA. But the exposure doesn't vanish. If your B2B call reaches a mobile number belonging to a natural person (a sole proprietor, a small business owner on a personal cell), that person can argue they're a consumer for FTSA purposes.

The federal TCPA has its own B2B gap. The FCC has historically indicated that calls to business lines registered as such fall outside the TCPA's residential protections, but the line blurs with mobile numbers. Nobody should lean on a B2B label to skip consent documentation when calling cell phones.

Calling Florida businesses? Scrub mobile numbers through a wireless identification service before you decide which standard applies. Treat any mobile number tied to an identifiable person as potentially subject to both FTSA and TCPA, whatever the business context looks like.

What are the mandatory disclosures for Florida telemarketing calls?

The FTSA requires specific disclosures at the start of a telephonic sales call ^[1]:

1. State your name promptly. 2. Identify the business or organization you represent. 3. State the purpose of the call.

These come before any sales pitch. You can't open with a value proposition and tuck your identity disclosure in after the prospect is hooked.

For prerecorded messages, the disclosures must appear at the beginning of the recording. An opt-out mechanism has to be available during the call and functional throughout. The FCC's regulations at 47 C.F.R. § 64.1200(b) set parallel requirements for prerecorded telemarketing messages and require an automated opt-out option that lets the consumer opt out during the call ^[5].

If you use caller ID, the displayed number must be one the consumer can call back. A spoofed or disconnected number is a separate violation under both the federal Truth in Caller ID Act rules and the FTSA.

High-volume outbound teams should also look at LeadCompliant's free TCPA compliance checklist, which pairs the disclosure list with consent documentation requirements for multi-state campaigns.

The penalty for missing these disclosures is the same $500/$1,500 per-call structure. 'I said who I was eventually' is not a defense.

What lawsuits have been filed under the FTSA and what did they cost?

Florida saw a surge in FTSA class action filings starting in 2021, when the private right of action arrived. Industry observers estimated hundreds of FTSA suits during the 2021 to 2023 period, many in the Southern District of Florida ^[1].

Settlements have ranged widely. Smaller cases with single businesses and regional call volumes have settled in the $100,000 to $500,000 range. Larger cases with national lead generation operations and millions of texts to Florida numbers have topped $1 million. Most settlements are confidential, so clean aggregate data isn't public, but the per-call math makes class exposure enormous.

The 2023 SB 1120 amendment was partly a response to this litigation surge. The Legislature wanted to limit 'gotcha' suits against businesses running ordinary CRM dialing software. The amendment narrowed some of the most aggressive interpretations. The core consent requirement and the private right of action stayed intact.

One early FTSA case worth knowing: Turizo v. Subway Franchisee Advertising Fund (S.D. Fla., filed 2021) was among the first testing whether the FTSA's automated-dialing language covered standard marketing SMS platforms. The case settled, and its existence pushed major brands to audit their Florida-specific consent flows.

The pattern is clear. FTSA plaintiffs' attorneys target volume texters and autodialers, not single-call mistakes. High-volume campaigns without watertight consent records are the main target.

How should outbound teams build a Florida-compliant calling process?

Start with list hygiene. Every Florida number needs a check against the federal DNC registry ^[6] and the Florida Do Not Call list ^[1] before the first dial. Run that check no more than 31 days before the campaign starts, the federal safe harbor window under 16 C.F.R. § 310.4(b)(3)(iv) ^[7].

Next, build a consent documentation system. For every Florida cell number you call or text with any automated system, store the exact consent language shown, the timestamp, the phone number the consumer gave, the IP address or session identifier, and the name of the business the consent named. A screenshot of your website's consent form is not enough. You need the per-consumer record.

For inbound leads: your web forms should present consent language that names your company specifically, sit unchecked by default, and disclose that the follow-up contacts are automated. Buying leads from a third party? Get the consent records from them. The FCC's January 2025 one-to-one consent rule (from the December 2023 order) means the consent has to name you, not 'marketing partners' ^[4].

For do-not-call and revocation: build an internal DNC list that captures every opt-out and honors it before your next calling cycle. The FTSA requires businesses to keep their own internal DNC list and honor it immediately ^[1].

Time-zone gating in your dialer is non-negotiable. Map every Florida number to its actual zone, panhandle included, and block calls outside the 8 a.m. to 9 p.m. window.

LeadCompliant's free compliance kit includes a state-by-state consent documentation template and a DNC scrub workflow that covers both the federal registry and state lists like Florida's.

Audit your consent records at least quarterly. The most common cause of FTSA exposure isn't a bad-faith decision. It's a web form that broke, an opt-out list that wasn't syncing, or a lead vendor whose consent practices changed without telling you.

How does Florida compare to other states on robocall restrictions?

Florida is one of the tougher states, though not uniquely extreme. A broad automated-dialing definition, a private right of action, and $500 per violation combine to make it a high-litigation state. Here's how key features stack up across states that layer their own telemarketing rules on top of the TCPA:

State	Private right of action	Per-violation fine	Consent standard	Notes
Florida	Yes (FTSA)	$500/$1,500	Prior express written	Broad 'automated selection' definition
Texas	Limited	Varies	Prior express	Texas Business & Commerce Code § 302
California	Yes (TCPA-parallel)	$500/$1,500	Prior express written	Also has CPUC rules for certain calls
Washington	Yes	$500/$1,500	Prior express written	Washington CEMA closely parallels FTSA
New York	AG-driven primarily	Varies	Prior express	No strong private right parallel to FTSA
Federal TCPA	Yes	$500/$1,500	Prior express written (cells/prerecorded)	ATDS definition narrowed post-Facebook v. Duguid

Florida stands out for two reasons. Its 'automated system for the selection or dialing' language is broader than the federal ATDS definition after Facebook v. Duguid, and plaintiff attorneys have been very active in Florida courts.

Washington's CEMA and its telephone solicitation rules run close to the FTSA and see similar litigation volumes. California's Rosenthal Act and CCPA add a privacy layer that Florida doesn't have to the same degree.

If you call multiple states, Florida and Washington usually demand the most conservative consent documentation.

What exemptions exist under Florida's robocall law?

Not every call is covered. The FTSA exempts several categories ^[1]:

Calls to consumers where the business has an established business relationship, subject to the 18-month (purchase) and 3-month (inquiry) windows.

Calls where the consumer initiated the contact and the call is a direct response to that contact.

Calls by tax-exempt nonprofit organizations.

Calls for political purposes (surveying political opinion, political advocacy) aren't 'telephonic sales calls' under the FTSA's definition, which requires a commercial sales purpose.

Smaller businesses may draw less AG enforcement attention, but the private right of action has no small-business exemption.

The federal TCPA has its own overlapping exemptions, including the EBR exception for informational calls (as opposed to telemarketing) and specific carve-outs for healthcare providers reaching patients about treatment ^[2].

One common mistake: assuming an EBR exemption covers cell phone calls made with a dialer. Under the TCPA, the EBR exception applies to the DNC-list requirement, not to the prior express written consent requirement for ATDS calls to cell phones. Florida follows the same logic in practice. An EBR lets you skip the DNC scrub for that consumer. It does not let you skip consent documentation for automated calls to their mobile.

Frequently asked questions

Can a Florida resident sue me personally for a robocall?

Yes. The FTSA's private right of action, added in 2021 and preserved by the 2023 amendment, lets any Florida consumer sue a telemarketer directly in state or federal court. They can seek $500 per violation or actual damages, whichever is greater, rising to $1,500 if the violation was willful. Class actions are available too, which is where the large settlement numbers come from.

Does Florida's robocall law apply to text messages?

Yes. The FTSA explicitly covers text messages sent through an automated system for the selection or dialing of numbers. A text blast without prior express written consent to Florida numbers is treated the same as an automated voice call. Each text is a separate violation at $500 each.

What is the Florida Telephone Solicitation Act?

The Florida Telephone Solicitation Act (FTSA), Florida Statutes sections 501.059 through 501.0599, is Florida's state telemarketing law. It requires prior express written consent for automated calls and texts, mandates caller identification disclosures, prohibits calls outside 8 a.m. to 9 p.m., and gives consumers a private right of action with $500 per violation penalties.

How is Florida's law different from the federal TCPA?

The FTSA's 'automated system for the selection or dialing' standard is broader than the TCPA's ATDS definition, which the Supreme Court narrowed in Facebook v. Duguid (2021). Florida also has its own Do Not Call list separate from the federal registry. Both statutes apply at the same time to calls into Florida, creating overlapping obligations and overlapping liability.

Do I need to scrub both the federal and Florida DNC lists?

Yes. Scrubbing only the federal National Do Not Call Registry is not enough for Florida compliance. Florida operates its own Do Not Call Program under section 501.059(3), Florida Statutes. You must scrub both lists before contacting Florida numbers, and the scrub must be current, generally within 31 days of the campaign start under the federal safe harbor rule.

What calling hours are legal in Florida?

Both the FTSA and the TCPA restrict calls to 8:00 a.m. through 9:00 p.m. in the consumer's local time zone. Florida spans Eastern and Central time zones. The western panhandle around Pensacola is Central Time. Calling that region at 8:00 a.m. Eastern means you reach them at 7:00 a.m. local time, which is a violation.

Does a prior business relationship exempt me from Florida's robocall rules?

An established business relationship (EBR) exempts you from the DNC-list requirement only, not from the prior express written consent requirement for automated calls to mobile phones. The EBR window is 18 months from a purchase or 3 months from an inquiry. Once it expires, DNC obligations return. It never waives the consent requirement for autodial calls.

How should I document consent for Florida robocall compliance?

For each Florida consumer you call or text using any automated system, store the exact consent language they agreed to, the timestamp, the phone number they provided, and an IP address or session identifier. The consent must name your company specifically and must not be a condition of purchase. Pre-checked boxes do not qualify. Get these records from lead vendors too.

Are B2B calls exempt from Florida's robocall law?

Probably, if you are genuinely calling a business entity and not reaching a natural person. The FTSA's definition of 'consumer' generally means a natural person. But mobile numbers that belong to identifiable individuals, even when used for business, can fall back under FTSA coverage. Scrub mobile numbers separately and treat them as potentially consumer-protected regardless of context.

What disclosures are required at the start of a Florida telemarketing call?

Florida law requires the caller to state their name, identify the business or organization they represent, and state the purpose of the call at the beginning of the contact. For prerecorded messages, these disclosures must appear at the start of the recording. An automated opt-out option must also be available and functional throughout any prerecorded message.

What happened to FTSA lawsuits after the 2023 amendment?

The 2023 SB 1120 amendment narrowed the most expansive readings of the FTSA's automated-dialing definition and required plaintiffs to be the actual subscriber or user of the called number. It did not eliminate the private right of action or change the $500 per violation penalty. Litigation volume dropped somewhat after the amendment, but FTSA class actions remain active.

Can Florida consumers revoke consent to receive robocalls?

Yes, at any time and by any reasonable means. The FTSA requires businesses to honor revocation of consent immediately upon receipt. The FCC's October 2024 order similarly affirmed consumers can revoke TCPA consent through any reasonable channel. There is no grace period. An opt-out received today must be applied before the next outreach attempt.

Is there a small business exemption under the FTSA?

No. The FTSA's private right of action has no small business carve-out. Any business making automated calls or texts to Florida consumers without prior express written consent faces the same $500 per violation exposure regardless of company size. The Florida Attorney General has discretion in enforcement priorities, but private plaintiffs do not.

What is the FCC's one-to-one consent rule and does it affect Florida callers?

The FCC's December 2023 order (effective January 2025, though subject to ongoing legal challenges) requires that prior express written consent for robocalls name the specific company making the calls, not a generic category of 'partners.' For Florida teams, this means lead gen consent forms listing 50 companies no longer satisfy TCPA consent requirements, reinforcing what FTSA compliance already required.

Sources

1. Florida Legislature, Florida Statutes § 501.059 (Florida Telephone Solicitation Act): FTSA requires prior express written consent, restricts calling hours to 8am-9pm, establishes $500/$1500 per-violation private right of action, and covers automated calls and texts
2. Legal Information Institute, 47 U.S.C. § 227 (Telephone Consumer Protection Act): Federal TCPA prohibits autodialed calls to cell phones without prior express consent and provides $500/$1500 per-violation private right of action
3. Supreme Court of the United States, Facebook Inc. v. Duguid, 592 U.S. 395 (2021): Supreme Court narrowed ATDS definition to systems that use random or sequential number generation, limiting federal TCPA's reach compared to Florida's broader automated-dialing definition
4. Electronic Code of Federal Regulations, 47 C.F.R. § 64.1200: FCC rule defining prior express written consent, calling hour restrictions 8am-9pm, and prerecorded message disclosure requirements
5. Federal Trade Commission, National Do Not Call Registry: Federal DNC registry covers telephone solicitations nationwide; businesses must scrub against it before calling
6. Electronic Code of Federal Regulations, 16 C.F.R. Part 310 (Telemarketing Sales Rule): TSR established business relationship window: 18 months from purchase, 3 months from inquiry; 31-day safe harbor for DNC list scrub currency
7. Florida Senate, SB 1120 (2023) - FTSA Amendment: 2023 Florida legislation amended FTSA effective July 1, 2023, clarifying automated-dialing definition and requiring plaintiffs to be actual subscribers of the called number
8. FTC, Telemarketing Sales Rule Summary: FTC enforcement of the Telemarketing Sales Rule, including DNC registry requirements, runs in parallel with state telemarketing statutes